By Article

Termination of widow’s pension after the children came of age, because as a man is able to return to work. Violation of gender equality and family life

JUDGMENT Β. v. Switzerland  20.10.2020 ( app. no. 78630/12) see here SUMMARY The case concerned the widower’s pension to which the applicant had ceased to be entitled after his younger daughter had reached the age of majority. The Federal Law on Old-Age and Survivors’ Insurance provides that entitlement to a widower’s pension ends when the […]

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φυλακές

The conviction for fatal road accident did not violate the ne bis in idem principle because there had previously been a conviction for driving violations. Criminal prosecutions are complementary.

JUDGMENT Bajčić v. Croatia 08.10.2020 (app. no.  67334/13) see here  SUMMARY The case concerned the applicant’s complaint that he had been tried and punished twice for the same driving offence. In particular, he had first been convicted in minor offence proceedings for speeding and later on in criminal proceedings for causing a fatal road accident. […]

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The criminal conviction of doctors after their disciplinary conviction for suspension of medical practice did not violate the principle ne bis in idem

JUDGMENT Faller v. France (app. no. 59389/16) and Steinmetz v. France (App. no. 59389/16) 22.10.2020 see here SUMMARY The case concerned two doctors who complained that they had been convicted by a criminal court for fraud on account of acts for which they had already been punished. The applicants had first been found liable by […]

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The refusal to rectify religion in the prison record did not hinder religious duties. Non-violation of religious freedom

JUDGMENT Mariș c. Romania 22.10.2020 (app. no. 58208/14) see here SUMMARY The case concerns the refusal of the Romanian authorities to amend, upon a mere declaration by Mr Mariş, the entry giving his religion in the register of Miercurea-Ciuc prison. The applicant mainly alleged that his rights under Article 9 (freedom of thought, conscience and […]

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Presence of a student in an orthodox rite of blessing without the knowledge of his parents and contrary to his religious beliefs. Non-violation of the right to education and freedom of religion

JUDGMENT Perovy v. Russia  20-10-2020 (app.  47429/09) see here SUMMARY The case  concerned the Russian Orthodox rite of blessing in a classroom. The applicants in the case are a married couple (the first and second applicants) and their son (the third applicant) who are not members of the Russian Orthodox Church. They all alleged that […]

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Journalist access to state archives. The revocation of his accreditation due to breach of personal data did not violate his freedom of expression

JUDGMENT Gafiuc v. Romania 15.10.2020 (app. no. 59174/13) see here  SUMMARY The case concerned the withdrawal of the accreditation granted to a journalist to study the archives of the Securitate in order to conduct research into sports activities under the communist regime. In June and July 2009 the journalist published several articles in which he […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and  63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (app.no.  49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]

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Police called lesbian women “sick” and “perverted” and carried out unwarranted physical searches. Conviction for degrading treatment of LGBT people.

JUDGMENT Aghdgomelashvili and Japaridze v. Georgia  08.10.2020 (app.no. 7224/11) see here SUMMARY Police violence and LGBT community. Police operation in the office of an LGBT organization in Tbilisi. The applicants, who worked for the organization, complained that the police had insulted and threatened them, and that they had been subjected to degrading physical investigations. More […]

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Violation of the privacy of a man who claims to be the biological father of a child, after unsuccessful attempts to acknowledge his paternity

JUDGMENT Koychev v. Bulgaria 15.10.2020 (app. no. 32495/15) see here SUMMARY In this case, the applicant (Mr Koychev) claimed to be the biological father of a child born outside marriage, and complained of the fact that his actions to have his paternity recognised had been rejected on the grounds that the child had been recognised […]

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φυλακές

Detention of the mayor for 4 days without appearing in court. Search in his office without a warrant. Violation of privacy and the right to liberty and security

JUDGMENT Marin Yosifov v. Bulgaria 13.10.2020 (app. no. 5113/11) see here SUMMARY The case concerns criminal proceedings for corruption brought against a mayor. The applicant complained of being detained for four days (for 24 hours on police orders and for a further 72 hours on an order of the public prosecutor) without being brought before […]

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